Agenda packet — Cathedral City City Council, October 23, 2024 (part 2 of 2)

Agreement including, but not limited to, Section 23 “Indemnification” and Section 24 “Insurance.”
SECTION 13. OWNERSHIP OF DOCUMENTS.
(a)
Agreement shall become the sole property of City, and Consultant shall have no property right therein whatsoever. Immediately upon completion, expiration or It is mutually agreed that all materials prepared by Consultant under this termination, City shall be entitled to, and Consultant shall deliver to City, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession.

Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
(b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City, and may be used, reused or otherwise disposed of by City without the permission of the Consultant.
(c) Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 15 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents.
(d) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
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(e) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the City shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

SECTION 14. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) For the purpose of determining compliance with Gov. Code § 8546.7, Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. The Consultant, Subconsultants, and City shall maintain any and all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement, including, but not limited to, the costs of administering the Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices in this Agreement. The State, State Auditor, or City, shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 15. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this - 10 -

Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 16. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section.

SECTION 17. STATE PREVAILING WAGE RATES.
(a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.
(b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

Prevailing wages will be applicable to all inspection work performed at City construction - 11 -

sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects.

Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
(c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov.
(d) Payroll Records
(i) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
(ii) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Consultant.

The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
(2) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. - 12 -

(3) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request.
(iii) Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
(iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. (v) The Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
(vi) The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. (e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City.
(f) Penalty
(i) The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
(ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, - 13 -

or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
(iii) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. (iv) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
(1) The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (3) Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
(4) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. (v) Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. (vi) If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the - 14 -

general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
(g) Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815. (h) Employment of Apprentices
(i) Where either the prime Agreement or the sub-agreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
(ii) Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

SECTION 18. NONDISCRIMINATION AND STATEMENT OF COMPLIANCE. (a) The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
(b) During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or - 15 -

applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
(e) Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
(f) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (g) The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
(h) The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
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SECTION 19. UNAUTHORIZED ALIENS
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 20. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c)
date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Design City understands and acknowledges that Design Professional is, as of the Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (e) During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. - 17 -

(f) Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. (g) The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
(h) The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

SECTION 21. REBATES, KICKBACKS, OR OTHER UNLAWFUL
CONSIDERATION.

The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

SECTION 22. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All financial, statistical, personal, technical, or other data and information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, - 18 -

then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (e) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. (f) Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. (g) Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.
(h) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
(i) All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

SECTION 23. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless - 19 -

City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other design professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend shall not apply if there is a project-specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 24. INSURANCE.

Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if - 20 -

so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

SECTION 25. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 27 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 26. CONTINUITY OF PERSONNEL.

Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 27. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.
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(e) City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. (f) Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.
(g) In the event of termination, Consultant shall be compensated as provided for in this Agreement, except as provided in Section 11 Equipment Purchase and Other Capital Expenditures Part C.

SECTION 28. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.

The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 27 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 29. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 30. CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR. - 22 -

(a) If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
(b) Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement. (c) Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

SECTION 31. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 32. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: Engineering Department
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: STC Traffic Inc.

Attn: Jason Stack, TE, PTOE
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 33. AUTHORITY TO EXECUTE.
- 23 -

The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

SECTION 34. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 36 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 35. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 36. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been issued. There shall be no change in Consultant’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City.

SECTION 37. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 38. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in - 24 -

state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 39. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 40. CONTINGENT FEE.

Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

SECTION 41. DEBARMENT AND SUSPENSION.
(a) The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
(i) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (ii) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (iii)
(iv)
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
(b) Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. - 25 -

(c) Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

SECTION 42. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.

In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

SECTION 43. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 44. PROMPT PAYMENT FROM CITY TO CONSULTANT
The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service agreement. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
(1) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

SECTION 45. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). - 26 -

SECTION 46. ELECTRONIC SIGNATURE
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

SECTION 47. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY STC TRAFFIC INC.
__________________________
Charles P. McClendon
City Manager
___________________________
By:________________________
Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
- 27 -

NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
- 28 -

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
)
)
On ____________________, 2024 ,
before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:

DESCRIPTION OF ATTACHED DOCUMENT
¨
¨
Individual
Corporate Officer
Title(s) Title or Type of Document
Number Of Pages
¨ Partner(s) ¨
¨
Limited
General
¨
¨
¨
¨
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Date Of Document
Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:

Date Of Document
Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

EXHIBIT "A"

SCOPE OF SERVICES
A-1

Scope of Work: HSIPL-5430-040 (C08755)
This section summarizes STC’s technical
approach to successfully accomplishing the
Scope of Work items presented in the RFP.

Included are the key deliverables for providing
the engineering services required by the City
and value-added services to enhance the
project scope.

STC will maintain project files and data in an
organized, logical fashion and will be able to
promptly retrieve and distribute project
information to the City in the event of an audit
or PRA request for information.

Task 1 Deliverables:
•
•
•
Project Schedule and Updates
Monthly Progress Reports
Meeting Agendas and Minutes
Task 1.0 Project Management/
Administration
STC’s Project Manager, Phil Kern, PE, will
coordinate the day-to-day activities for the
project's duration and serve as the primary
point of contact. Following the Notice to
Proceed (NTP), Mr. Kern will schedule a project
kick-off meeting with City staff and the project
team to discuss the project objectives,
schedule, scope, and City policies and
procedures.

Task 2.0 Field Work/ Preliminary Plans/
Inventory/ Standards
Task 2.1 Field Work
The STC team will visit each project location to
confirm existing conditions and collect
relevant information. During field review, STC
will evaluate each project location for
compliance with the minimum safety
standards as provided in the CA-MUTCD,
Americans with Disabilities Act (ADA), and City
Standards. The project locations will be
observed, paying special attention to
pedestrian activity, vehicle speed, safety
concerns, site constraints, and opportunities.

Detailed field notes and photos will record
field conditions and be logged for reference.

STC will complete City inventories as
necessary.

Mr. Kern will coordinate progress meetings to
discuss design development, staff comments
on submittals, and action items. STC will
prepare and email meeting agendas to City
staff in advance of the meetings and email
meeting minutes within five (5) days after each
meeting. Mr. Kern will attend up to one (1) City
Council meeting to support the project.

STC will submit a progress report with invoices
to the City in an organized format and with
sufficient detail and backup documentation to
clearly identify personnel, hours worked, and
tasks completed. STC will control all project
documents and provide deliverables and final
files to the City in hard-copy and electronic
formats.

Task 2.1 Key Deliverables:
• Field Photos and Notes (As Requested)
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 15

Task 2.2 Survey Task 3.0 Environmental Documentation
ERSC will perform field survey of the project
locations and determine existing conditions
for base map and plan development. The
topographic survey will include the two
project locations shown in Attachment 4 of the
HSIP application provided with the RFP. For
new ADA ramps, the topographic survey will
be collected 25’ beyond ECR and BCR within
the City’s right-of-way and along the gutter
line to the spandrel. For curb extensions, the
topographic survey will be collected 25’
beyond ECR and BCR within the City’s right-of-
way to the center of the road to ensure
sufficient data is collected to tie in grades.

During the field survey, observable utilities will
be precisely located, and we will complement
the field survey with utility as-built research.

Existing right-of-way will be plotted from
available mapping. Survey will be collected for
two intersections.

STC will prepare the required environmental
documentation in compliance with Caltrans
LAPM. State-funded projects do not trigger
National Environmental Policy Act (NEPA)
compliance, so a Preliminary Environmental
Study (PES) submittal is not required. Local
HSIP projects must meet the requirements of
the California Environmental Quality Act
(CEQA). The implementing agency is the lead
agency under CEQA and is responsible for self-
certifying CEQA compliance.

This project is anticipated to be categorically
exempt from CEQA compliance. STC will
prepare a Notice of Exemption (NOE) form
provided by the State of California Governor’s
Office of Planning and Research (OPR). STC will
submit it to the City for signature and submit it
to the Riverside County Clerk for filing.

Task 3. DeliverablesTask 2.2 Deliverables
• CEQA NOE Form•
•
•
Mapping Base (.DWG format)
Topographic Base (.DWG format)
Surface File (.XML format)
Task 4.0 Plans, Specifications, and Estimate
(PS&E)
Task 2.3 Preliminary Plans Task 4.1 Plans
The STC Team will develop a preliminary
design package, including plans and
engineering cost estimates reflecting a 30%
design level of effort for the construction of
the mid-block crossing and traffic signal. For
detailed plan development information, please
refer to Task 4.1.

STC will prepare plans for the improvements
shown in Attachment 4 of the HSIP application
provided with the RFP. Plans shall conform to
the Cathedral City Standard Plans, AASHTO
Greenbook, County of Riverside Standard
Plans, and Caltrans Standard Plans as
applicable. Plans will be prepared utilizing
AutoCAD software.

Task 2.3 Deliverables
All work identified in the plans will be
approved and sealed by a professional Civil
Engineer registered in the State of California.
• 30% Plans and Engineering Cost Estimate
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 16

Project Plans shall include: pull boxes, conduits, and splicing. Other elements of design will include EVP• Title, General Notes, and Construction Detail Sheets. systems, pole and mast-arm signage, APS
and countdown signal heads, cabinets and
controllers, and LED safety lighting. The
need for interconnect will be discussed
with the City and included on the traffic
signal design plans as necessary.
• Civil Design Plans including removals,
existing and proposed improvement,
utility base mapping, etc. Where necessary,
the plans shall define the limits of repair to
pavement, curb, gutter, sidewalk, ADA
upgrades, etc. The plans shall be at a
horizontal scale of 1”=10’ or 1”=20’ as
appropriate. The plans will include
The STC Team will submit plans to the City for
review at the 90% and 100% completion levels.

Task 4.1 Deliverableshorizontal and vertical control of all existing and proposed median curbs, new
curb ramps, centerline stationing, and
depict existing utility locations as noted in
the survey. Civil Design Plans to be
prepared include Street Improvement
Plans and Detail Sheet. Demolition limits,
elevation information, and profiles will be
shown on each improvement plan.
• HSIPL-5430-040 (C08755): 1 Title Sheet, 1
Detail Sheet, 2 Civil Improvement Sheets
(20 Scale), 2 Signing and Striping Sheets
(40 Scale), and 2 Traffic Signal Sheets (20
Scale) [90% and 100% Levels of
Completeness].

Task 4.2 Specifications
STC will prepare project specifications utilizing
the City’s current boilerplate bid package,
special provisions, and the latest editions of
the AASHTO Greenbook for Public Works
Construction, Caltrans specifications and City
Standards.
• Signing and Striping Plans at a horizontal
scale of 1”=40’. Signing and striping plans
shall be prepared to meet the latest edition
of the CA MUCTD. The plans will include
full geometry of the roadway and
appropriate signing and striping
improvements for the City’s preferred
location alternative. The plans will
Task 4.2 Deliverables
• 90% & 100% Bid Package in Word Formatincorporate all aspects of existing and proposed signing and striping design. The
striping limits are limited for each project
location, and it is anticipated that four
locations will be shown per plan sheet.

Task 4.3 Engineers Estimate
The STC Team will provide an itemized
engineer’s cost estimate at the 90% and 100%
levels of design for all proposed
• Traffic Signal Plans at a horizontal scale of
1”=20’. The designs will be developed in
accordance with Cathedral City Design
Standards, Ordinances and Regulations,
Caltrans Standard Plans and Specifications,
and the CA MUTCD. Plans will include
general notes, construction notes, phase
diagrams, pole and equipment schedules,
conduit and conductor schedules, and
details for pole locations and foundations,
improvements. The estimates will be detailed
with unit prices and quantities for individual
line items of work and specified equipment
based on the historical cost index.

Task 4.3 Deliverables
• 90% and 100% Engineers Cost Estimate in
Excel Format
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 17

Task 5.0 Funding Allocation Request
(Optional Task)
Task 6. Deliverables
Pre-Bid Meeting Attendance, Written RFI•
Responses, Addenda, Tabulated
Response to RFI and AddendaSTC will prepare all necessary documents required for the Construction Funding
Allocation Request (CON) in compliance with
LAPM state-funded HISP project
Task 7.0 Construction Support/Signal
Timing
implementation procedures. STC understands
that no right-of-way acquisition is anticipated
for this project. STC will prepare LAPM’s right-
of-way certification form well before the
construction funding allocation request
submittal to avoid any setbacks. Any LAPM 14-
D submitted to utility companies as part of
Task 2 will be included in the right-of-way
certification submittal to Caltrans. It is
anticipated that the City will submit all LAPM
forms prepared by STC to Caltrans District 8
DLAE.

The STC Team will provide construction
support. This work will include, but is not
limited to, responding to the Contractor’s RFIs
during construction, conferring with the City’s
CM regarding RFIs, reviewing shop drawings,
and preparing final record drawings. This task
excludes construction observation.

Task 7. Deliverables
• Pre-Construction Meeting Attendance,
Written RFI Responses, Shop Drawing
Acceptance, and Final Record Drawings
Signal Timing Sheets (Optional)Task 5. Deliverables •
•
•
Request for Funding Allocation Form
Approved CEQA Notice of Exemption
Documents (Scope Task 3)
Task 8.0 Utility Coordination
STC will coordinate with utility companies to
obtain as-builts for utility facilities within the
project limits. The obtained utility information
will be used to develop a utility base map and
identify any impacted utilities. STC will create
and maintain a utility contact matrix detailing
contacts, issues, dates, and other pertinent
information. STC will send the draft final plans
to each utility company for conflict review.

During the detailed design phase of the
project, STC will work with the City & Southern
California Edison (SCE) to coordinate the
location of the service points for the new traffic
signals. STC will assist in initiating the service
request to obtain the SCE work order map and
their requirements prior to the bid phase.
•
•
•
Right-of-Way Certification
State-Only Finance Letter for Construction
Detailed Engineer’s Cost Estimate for
Construction Items
Printout from List of Selected HSIP Projects
Highlighting City’s Project
•
Task 6.0 Bidding Assistance
The STC Team will provide support during
bidding. This work will include but is not
limited to, attendance at the pre-bid meeting,
responding to RFI during the project
advertisement period, logging all questions
and responses, and preparing addenda, as
necessary. All communication will be directed
to the City for issuance to bidders. STC will
have no direct contact with any bidders. The
City will be responsible for construction
contract advertisement, award, and admin.

Task 8. Deliverables
•
•
Atlas Maps (As Requested by City)
SCE Service Request
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 18

EXHIBIT "B"

COMPENSATION
B-1

STC Traffic | City of Cathedral City - HSIPL-5430-040 (C08755) [2 Signalized Pedestrian Crossings] Fee Proposal
Principal
Manager
Senior Project
Engineer
Project
Engineer II
Project
Engineer I
Systems
Engineer II
Construction
ManagerPrincipal-In-Charge Intern ERSC
$369.42 $245.89 $174.37 $144.83 $110.83 $76.84 $166.99 $192.10 Lump Sum Total
HoursTask Task Description Total Cost
Task 1.0 Project Management / Administration 4
2 18 6
6 $ -
-
$ 28 6,949.92
Task 2.0 Field Work/Preliminary Plans/ Inventory/ Standards Task 2.1
Task 2.2
Task 2.3
Task 3.0
Field Work 2
6 6
2 12 14
34 4 $
$
$
$
$ 38 5,134.94
Survey 7,701.12 $ 6 9,176.46
Preliminary Plans
Environmental Documentation
12 8
18 2
10 -
-
$ 82 11,450.18
$ 12 2,176.40
Task 4.0 Plans, Specifications, and Estimate (PS&E)
Task 4.1
Task 4.2
Task 4.3
Task 5.0
Task 6.0
Task 7.0
Task 7.0
Task 8.0
Plans 6
2 10
4 40
18 90
12 12
180
8 40
6 $
$
$
$
-
-
-
-
3 $ 6 6 47,707.92
$ 36 6,599.02
$ 29 3,823.31
$ 18 3,424.74
$ 17 3,479.68
$ 28 5,700.38
$ 24 4,108.20
$ 16 2,179.40
Specifications
Engineers Estimate 3
Funding Allocation Request (Optional Task)
Bidding Assistance
4 14
41 2
2 10
8Construction Support
Signal Timing (Optional Task)
Utility Coordination
4 14
20 20
4 2 4 10
Total Hours 17 63 122 150 246 60 22 $
$
- 700
Subtotal Labor $6,280.14 $15,491.07 $21,273.14 $21,724.50 $27,264.18 $4,610.40 $3,339.80 $4,226.20 7,701.12 $ 111,910.55Total Cost (All Tasks)
Total Cost (Optional Tasks Not Included) $ 104,377.61

EXHIBIT "C"

INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.

X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars C-1

$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

C-2

d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

C-3

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
STC TRAFFIC INC.

FOR
HSIP CYCLE 11 PROJECTS:

HSIPL-5430-042 (C08757) – PEDESTRIAN CROSSING UPGRADE
This Agreement for Design Professional Services (“Agreement”) is entered into as of October 23, 2024, (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and STC Traffic Inc., a California corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Proposals, the performance of the engineering and environmental services for the HSIP Cycle 11 Project: -5430-042 (C08757), defined and described particularly in Section 2 of this Agreement.

B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
- 1 -

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 27 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year commencing on the Effective Date.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 34 “Administration and Implementation” or Section 36 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. SAFETY
(a) Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives.

Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
(b) Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
(c) Any subcontract entered into as a result of this agreement, shall contain all of the provisions of this Section.
- 2 -

(d) CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) The method of payment for this Agreement will be based on lump sum.

The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by the City. (b) Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 27 "Termination of Agreement".
(c) Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. (d) Consultant will be reimbursed within thirty (30) days upon receipt by City Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this project number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 11 “Equipment Purchase”. The final invoice must be submitted within sixty (60) calendar days after completion of Consultant’s work unless a later date is approved by the City. Invoices shall be mailed to the City in accordance with Section 32 “Notices”.
(e)
SECTION 6.
(a)
The total amount payable by City shall not exceed $47,499.36.

COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.

The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. - 3 -

(b) The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(c) Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City. (d) When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

SECTION 7. AUDIT REVIEW PROCEDURES.
(a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City’s Chief Financial Officer.
(b) Not later than thirty (30) days after issuance of the final audit report, Consultant, may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
(d) Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, and incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR, and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed fully access to the CPA’s work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement pursuant to Section 27 “Termination of Agreement” and disallowance of prior reimbursed costs.
(e) Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations - 4 -

(IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement pursuant to Section 27 “Termination of Agreement” and disallowance of prior reimbursed costs.
(i) During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a) If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b) If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c) If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter.

IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
(iii) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
- 5 -

(iv) Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

SECTION 8. DISPUTES.

Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
(a) Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by Consultant.
(b) Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.

SECTION 9. SUBCONTRACTING.
(a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no sub-agreement shall relieve Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant.

Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.
(b) Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization in accordance with Section 34 “Administration and Implementation” of this Agreement, except that, which is expressly identified in the approved Cost Proposal.
- 6 -

(c) Any sub-agreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.
(d) Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. (e) Any substitution of subconsultant(s) must be approved in writing by City in accordance with Section 34 “Administration and Implementation” of this Agreement in advance of assigning work to a substitute Subconsultant. (f) Prompt Progress Payment - Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

SECTION 10. RETENTION OF FUNDS.
(a) Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this section.
(b) No retainage will be held by the City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
- 7 -

SECTION 11. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES. (a) Prior authorization in writing, by City in accordance with Section 34 “Administration and Implementation” of this Agreement shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. (b) For purchase of any item, service, or consulting work not covered in the Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City in accordance with Section 34 “Administration and Implementation” of this Agreement; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. (c) Any equipment purchased as a result of this Agreement is subject to the following:
(i) Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated pursuant to Section 27 “Termination of Agreement” of this Agreement, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. (ii) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

SECTION 12. INSPECTION AND FINAL ACCEPTANCE.

Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the Term of Agreement including review and inspection on a daily basis. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this - 8 -

SECTION 16. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Prevailing wages will be applicable to all inspection work performed at City construction - 11 -

sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects.

SECTION 21. REBATES, KICKBACKS, OR OTHER UNLAWFUL
CONSIDERATION.

SECTION 23. INDEMNIFICATION.
(a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless - 19 -

SECTION 24. INSURANCE.

so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

SECTION 25. ASSIGNMENT.

SECTION 26. CONTINUITY OF PERSONNEL.

SECTION 28. DEFAULT.

SECTION 29. EXCUSABLE DELAYS.

SECTION 30. CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR. - 22 -

SECTION 31. COOPERATION BY CITY.

SECTION 32. NOTICES.

To City: City of Cathedral City
Attn: Engineering Department
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: STC Traffic Inc.

SECTION 33. AUTHORITY TO EXECUTE.
- 23 -

SECTION 34. ADMINISTRATION AND IMPLEMENTATION.

SECTION 35. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 36. AMENDMENT.

SECTION 37. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

SECTION 38. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in - 24 -

SECTION 39. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 40. CONTINGENT FEE.

(c) Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

SECTION 42. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.

SECTION 43. ENTIRE AGREEMENT.

SECTION 45. SEVERABILITY.

SECTION 47. CONFLICTING TERMS.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
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NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
- 28 -

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:

Date Of Document
Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:

Date Of Document
Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

EXHIBIT "A"

SCOPE OF SERVICES
A-1

Scope of Work: HSIPL-5430-042
This section summarizes STC’s technical
approach to successfully accomplishing the
Scope of Work items presented in the RFP.

Included are the key deliverables for providing
the engineering services required by the City
and value-added services to enhance the
project scope.

Detailed field notes and photos will record
field conditions and be logged for reference.

STC will complete City inventories as
necessary.

Task 2.1 Key Deliverables:
• Field Photos and Notes (As Requested)
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 19

For new ADA ramps, the topographic survey
will be collected 25’ beyond ECR and BCR
within the City’s right-of-way and along the
gutter line to the spandrel. For curb
extensions, the topographic survey will be
collected 25’ beyond ECR and BCR within the
City’s right-of-way to the center of the road to
ensure sufficient data is collected to tie in
grades. During the field survey, observable
utilities will be precisely located, and we will
complement the field survey with utility as-
built research. Existing right-of-way will be
plotted from available mapping. Survey will be
collected for one intersection.

Task 3 Deliverables
Task 2.2 Deliverables
• CEQA NOE Form
•
•
•
Mapping Base (.DWG format)
Topographic Base (.DWG format)
Surface File (.XML format)
Task 4.0 Plans, Specifications, and Estimate
(PS&E)
Taks 2.3 Preliminary Plans Task 4.1 Plans
The STC Team will develop a preliminary
design package, including plans and
engineering cost estimates reflecting a 30%
design level of effort for the construction of
the mid-block crossing and traffic signal. For
detailed plan development information, please
refer to Task 4.1.

Project Plans shall include: It is expected an existing service point will energize each new street light. Luminaire
upgrades to LED will be identified on the
signing and striping plans for locations
where no new street light pole is needed.
• Title, General Notes, and Construction
Detail Sheets.
• Civil Design Plans including removals,
existing and proposed improvement,
utility base mapping, etc. Where necessary,
the plans shall define the limits of repair to
pavement, curb, gutter, sidewalk, ADA
upgrades, etc. The plans shall be at a
horizontal scale of 1”=10’ or 1”=20’ as
appropriate. The plans will include
The STC Team will submit plans to the City for
review at the 90% and 100% completion levels.

Task 4.1 Deliverables
• HSIPL-5430-042 (C08757): 1 Title Sheet, 1
Detail Sheet, 1 Civil Improvement Sheets
(20 Scale), 1 Signing and Striping Sheets
(40 Scale), and 1 Street Light Sheet (40
Scale) [90% and 100% Levels of
Completeness].
horizontal and vertical control of all
existing and proposed median curbs, new
curb ramps, centerline stationing, and
depict existing utility locations as noted in
the survey. Civil Design Plans to be
prepared include Street Improvement
Plans and Detail Sheet. Demolition limits,
elevation information, and profiles will be
shown on each improvement plan.

Task 4.2 Specifications
STC will prepare project specifications utilizing
the City’s current boilerplate bid package,
special provisions, and the latest editions of
the AASHTO Greenbook for Public Works
Construction, Caltrans specifications and City
Standards.
• Signing and Striping Plans at a horizontal
scale of 1”=40’. Signing and striping plans
shall be prepared to meet the latest edition
of the CA MUCTD. The plans will include
full geometry of the roadway and Task 4.2 Deliverables
appropriate signing and striping • 90% and 100% Bid Package in Word Format improvements for the City’s preferred
location alternative. The plans will Task 4.3 Engineers Estimate incorporate all aspects of existing and
proposed signing and striping design. The
striping limits are limited for each project
location and it is anticipated that four
locations will be shown per plan sheet.

The STC Team will provide an itemized
engineer’s cost estimate at the 90% and 100%
levels of design for all proposed
improvements. The estimates will be detailed
with unit prices and quantities for individual
line items of work and specified equipment
based on the historical cost index. Cost
estimate details, including items and
descriptions, will be consistent with bid items
and specification sections.
• Street Light Plans at a horizontal scale of
1”=40’. The design will be developed in
accordance with Cathedral City Design
Standards, Ordinances and Regulations,
Caltrans Standard Plans and Specifications,
and the CA MUTCD. Plans will include
general notes, construction notes, details
for pole location, luminaire type, and
service connection (Cont.)
Task 4.3 Deliverables
• 90% and 100% Engineers Cost Estimate in
Excel Format
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 21

Task 5.0 Funding Allocation Request
(Optional Task)
The City will be responsible for construction
contract advertisement, award, and admin.

STC will prepare all necessary documents
required for the Construction Funding
Allocation Request (CON) in compliance with
LAPM state-funded HISP project
Task 6. Deliverables
• Pre-bid Meeting Attendance, Written RFI
Responses, Addenda, Tabulated Response
to RFI and Addendaimplementation procedures. STC understands that no right-of-way acquisition is anticipated
for this project. STC will prepare LAPM’s right-
of-way certification form well before the
construction funding allocation request
submittal to avoid any setbacks. Any LAPM 14-
D submitted to utility companies as part of
Task 2 will be included in the right-of-way
certification submittal to Caltrans. It is
anticipated that the City will submit all LAPM
forms prepared by STC to Caltrans District 8
DLAE.

Task 7.0 Construction Support
The STC Team will provide construction
support. This work will include, but is not
limited to, responding to the Contractor’s RFIs
during construction, conferring with the City’s
Construction Manager regarding RFIs as
appropriate, reviewing and approving shop
drawings, and preparing final record drawings.

All communication will be directed to the City
for issuance to the Contractor. STC will have no
direct contact with the Contractor. This task
excludes regularly scheduled construction
observation.

Task 5. Deliverables
•
•
Request for Funding Allocation Form
Approved CEQA Notice of Exemption
Documents (Scope Task 3) Task 7. Deliverables
•
•
•
Right-of-Way Certification • Pre-Construction Meeting Attendance, Written RFI Responses, Shop Drawing
Review, and Final Record Drawings
State-only Finance Letter for Construction
Detailed Engineer’s Cost Estimate for
Construction Items
• Printout from List of Selected HSIP Projects
Highlighting City’s Project
Task 8.0 Utility Coordination
STC will coordinate with utility companies to
obtain as-builts for utility facilities within the
project limits. The obtained utility information
will be used to develop a utility base map and
identify any utilities that may be impacted by
the proposed construction. STC will create and
maintain a utility contact matrix detailing
contacts, issues, dates, and other pertinent
information. STC will send the draft final plans
to each utility company for conflict review.

Task 6.0 Bidding Assistance
The STC Team will provide support during
bidding. This work will include but is not
limited to, attendance at the pre-bid meeting,
responding to Requests for Information (RFI)
during the project advertisement period,
logging all questions and responses, and
preparing addenda, as necessary. All
communication will be directed to the City for
issuance to bidders. STC will have no direct
contact with any bidders.

Task 8. Deliverables
• Atlas Maps (As Requested by City)
STC Traffic, Inc. | City of Cathedral City – Highway Safety Improvement Program Cycle 11 Projects 22

EXHIBIT "B"

COMPENSATION
B-1

STC Traffic | City of Cathedral City - HSIPL-5430-042 (C08757) [1 Pedestrian Crossing] Fee Proposal
Principal
Manager
Senior Project
Engineer
Project
Engineer II
Project
Engineer I
Construction
ManagerPrincipal-In-Charge Intern ERSC
$369.42 $245.89 $174.37 $144.83 $110.83 $76.84 $192.10 Lump Sum Total
HoursTask Task Description Total Cost
Task 1.0 Project Management / Administration 4 12 4 $ - -
$ 20 5,125.84
Task 2.0 Field Work/Preliminary Plans/ Inventory/ Standards Task 2.1
Task 2.2
Task 2.3
Task 3.0
Field Work 2
6 2
2 6 8 8
6 $
$
$
$
$ 24 2,862.12
Survey 4,190.10 $ 6 5,665.44
Preliminary Plans
Environmental Documentation
4 20 -
-
$ 32 3,866.90
$ 12 2,235.4810
Task 4.0 Plans, Specifications, and Estimate (PS&E)
Task 4.1
Task 4.2
Task 4.3
Task 5.0
Task 6.0
Task 7.0
Task 8.0
Plans 2
2 8
4 15
8 20 65
2 $
$
$
$
$
$
-
-
-
-
-
-
1 $ 1 0 15,422.06
$ 14 3,117.36
$ 11 1,727.25
$ 18 3,365.66
$ 10 2,117.25
$ 20 4,269.96
Specifications
Engineers Estimate
Funding Allocation Request (Optional Task)
Bidding Assistance
Construction Support
Utility Coordination
2 7
24 12
51 2
2 2
64 8
1 2 5 $ 8 1,089.70
Total Hours 11 49 66 37 100 14 8 $
$
- 285
Subtotal Labor $4,063.62 $12,048.61 $11,508.42 $5,358.71 $11,083.00 $1,075.76 $1,536.80 4,190.10 $ 50,865.02Total Cost (All Tasks)
Total Cost (Optional Tasks Not Included) $ 47,499.36

EXHIBIT "C"

Only the following “marked” requirements are applicable:

X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars C-1

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

Best's rating of no less than A:VII.

C-2

1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.

C-3
Staff Report
City Council
Item No. 6.D
Meeting Date: October 23, 2024
From: Michael Contreras
Title: Local Hazard Mitigation Plan and Emergency Operations Plan RECOMMENDATION:

To approve the contract award to Jacob Greene and Associates to create and update the city’s local hazard mitigation plan (LHMP) and emergency operations plan (EOP).

BACKGROUND:

The Cathedral City local hazard mitigation plan (LHMP) was last revised in 2017 and is valid for 5 years. Staff identified the need for an update in November 2022 and subsequently applied for a grant to cover the costs associated with the LHMP and EOP updates. The fire department has successfully applied for and received $149,631 from the Federal Emergency Management Agency (FEMA), as well as an additional grant of $7,896 for subrecipient management costs (SRMC). Moreover, a grant of $49,877 has been awarded by the California office of emergency services (Cal OES).

DISCUSSION:

The local hazard mitigation plan (LHMP) serves as a comprehensive document outlining all hazards, resources, capabilities, ordinances, and safety procedures within the city.

Maintaining a LHMP is crucial for eligibility for federal disaster funds. This plan not only identifies who and what is at risk but also details the available resources and preparedness measures in place. Hazard mitigation planning significantly reduces the risk of loss of life and property by addressing the impacts of disasters. It begins with local governments recognizing the natural disaster risks and vulnerabilities pertinent to their region. Once these risks are identified, long-term strategies are developed to safeguard residents and their property from future events.

City Staff solicited Request for Proposals (RFPs) for the update of the LHMP and EOP. A total of four (4) proposals were received. The 4 consultant companies that responded to the RFP include:
▪InterWest Consulting – Palm Springs, CA
▪The Kahlen Group – Corona, CA
▪Jacob Greene and Associates – Tustin, CA
▪Dynamic Planning & Science - Montrose, CO
Staff compiled an evaluation group of three evaluators that scored the proposals on seven (7) criteria. Each category was scored on a 1-10 scale. Once the top two (2) proposals were determined based on the scoring criteria, the two final proposals were evaluated based on price. The proposal evaluations and rankings are included as an attachment.

The winning proposal was submitted by Jacob Green and Associates, the proposal is included as an attachment.

The total project cost for updating the LHMP and EOP is $208,508 including 10% contingency. FEMA has awarded the city $149,631, covering 75% of the federal share. The remaining 25% non-federal share of $49,877 will be state funded through Cal OES.

Additionally, FEMA has authorized $7,896 for the 100% federal SRMC.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2024-2025 LHMP 259-300-330-
33X-8XXX-8XXX G05557 $208,508 One-Time
FIVE-YEAR STRATEGIC PLAN:

E-4 – Strengthen the City’s ability to prepare for, respond to, and recover from disasters by reviewing and updating the City’s Emergency Operations Plans.

ATTACHMENTS:

1. JGA Proposal for LHMP

2. RFP Scores

SEPTEMBER
2024
13217 Jamboree Rd., #248
Tustin, CA 92782
888.4.JGA.1ST
JacobGreenAndAssociates.com
Proposal For
RFP - City of Cathedral City
Local Hazard Mitigation
Plan Project

LETTER FROM CEO JACOB GREEN

TABLE OF

CONTENTS

STATEMENT OF QUALIFICATIONS

COST PROPOSAL
(Included in separate file)

SCOPE OF WORK

Page 1 ends

Section
C
Section
B
Section
A
Cover
Letter
Pages 2 - 10
Pages 11 - 32
Pages 33 - 36
CITY
cathedral

1.888.4.JGA.1ST | [email protected]
PAGE 1
Jacob Green
President & CEO
September 30, 2024
Patrick Bumstead, Financial Analyst II
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Dear Mr. Bumstead,
Jacob Green & Associates (JGA) is pleased to submit our proposal in response to the Request for
Proposals (RFP) for the City of Cathedral City Local Hazard Mitigation Plan (LHMP) Project. With our extensive local government experience in Southern California emergency management and LHMP development, we are well-equipped to deliver a comprehensive and actionable LHMP that addresses Cathedral City's unique hazards and vulnerabilities. Consistent with the RFP, our proposal also includes services to update the City's Emergency Operations Plan (EOP), and conduct essential Emergency
Operations Training & Exercise for City staff.

Our team of dedicated hazard mitigation professionals brings a wealth of knowledge and expertise to this project. Through collaboration, stakeholder engagement, and the utilization of cutting-edge methodologies and technologies, we are committed to developing an LHMP that reflects Irwindale’s distinct characteristics and meets the requirements of state and federal regulations, including the Disaster Mitigation Act of 2000 and applicable state legislation.

Patrick Marchman, AICP, will be JGA's project manager for the City of Cathedral City LHMP. Patrick has 20 years of experience in the hazard mitigation, environmental, and climate adaptation fields. Patrick served as a Project Manager for hazard mitigation and disaster risk reduction planning while working with the U.S. Federal Emergency Management Agency, writing and reviewing over a dozen hazard mitigation plans. Additionally, Patrick led several projects at local and state levels, as well as for private sector clients, and worked with FEMA Region VII on direct community engagement to operationalize
hazard mitigation plans across a four-state area.

Tony Coletta, CEM, will be JGA’s project manager for the City’s EOP Update and Emergency Operations Training and Exercise Projects. Tony has 30 years of experience managing emergency planning, training, exercises, and incident management. He brings localized expertise developed from working as a Firefighter Paramedic in the Coachella Valley during the 1980’s and serving as the Emergency Manager for the County of Riverside during the 1990’s and 2000’s. His extensive experience and understanding of the hazards, risk, and emergency management needs of the Coachella Valley and the City of Cathedral City will serve this project and the City’s unique needs well.

We look forward to working with Cathedral City as you work to enhance your emergency management capabilities.

Sincerely,

STATEMENT OF

QUALIFICATIONS

SECTION A
P AGE 2

STATEMENT OF QUALIFICATIONS
JGA is an Orange County-based corporation comprised of 30 veteran local government leaders with over 600 years of combined municipal experience; and includes former City Managers, Emergency Managers, Police Chiefs, Fire Chiefs, and other municipal experts. We help our clients prepare for and respond to challenges in Emergency Management, Organizational Development. JGA's headquarters are located in Tustin, California.

We provide tailored services by developing a deep understanding of client needs, fostering authentic and trusted relationships, and focusing on solutions and outcomes that consistently exceed expectations.

Drawing on the deep local experience of our team members and advisors, JGA has quickly become a premier partner with local governments throughout the state of California.

What sets JGA apart? Hazard Mitigation Planning
In 2023, FEMA implemented changes to the Local Hazard Mitigation Plan (LHMP) process that have radically tightened the requirements as to what will pass Cal OES and FEMA review, and have resulted in a backlog of over 120 plans in the queue for review and approval by Cal OES and FEMA. These changes include:
• Much deeper examination of the impacts of climate change. • Requirements to substantively address social equity and disadvantaged populations. • More thorough stakeholder and public involvement processes, encouraging the public to not only comment on the final product but to have stakeholder and public input be an integral part of the process.

JGA has developed a deep understanding of FEMA's new requirements through our close collaboration with Cal OES. We've refined our methodologies to align precisely with current FEMA expectations, ensuring our hazard mitigation plans meet and exceed the latest standards. Our ability to deliver plans that satisfy today's rigorous criteria - not outdated benchmarks - positions JGA as the optimal partner for Cathedral City's LHMP project.

Beyond hazard mitigation, JGA has built a broader planning practice focusing on climate action and adaptation planning, economic development, and comprehensive planning. We are currently delivering these services to City governments throughout California, allowing us to bring a holistic perspective to your LHMP update.

PAGE 3
JGA's hazard mitigation planning team is led by Patrick Marchman, AICP CEP, SCR. Patrick has 15 years of experience in hazard mitigation, resilience, and climate adaptation planning work throughout North America, and earned the rare Certified Environmental Planner (CEP) advanced specialty certification from the American Institute of Certified Planners. Patrick has worked in and around “FEMA World” since 2010, having worked directly for FEMA, as well as part of the Community Engagement and Risk Communication contract for several years.As part of his work with FEMA, Patrick has reviewed dozens of hazard mitigation plans, including several state-level plans, and since leaving FEMA over the past several years has developed and managed the development of a number of related plans including:
• Village of Riverside Climate Action and Adaptation Plan (Illinois) • City of Cleveland Heights Climate Action and Resilience Plan (Ohio) • City of Ridgecrest Climate Risk Assessment (California) • East Kootenay Hospital Climate Risk Assessment (British Columbia) • Kootenay Boundary Hospital Climate Risk Assessment (British Columbia) • Resilience Dialogues policy consulting for East Lansing and Anchorage (Michigan and Alaska) • Town of Valdez resilience code update (Alaska)
• Centers for Disaster Resilient Infrastructure Global Airport Resilience Study • Mazzetti Corporate Climate Adaptation Plan
Beyond Patrick’s personal experience, JGA has completed a wide range of resilience and emergency management-related projects, including the following hazard mitigation plans:
• City of West Hollywood Local Hazard Mitigation Plan Update • City of Dana Point Local Hazard Mitigation Plan Update • City of Rialto Local Hazard Mitigation Plan
• Rincon Band of Luiseño Indians Local Hazard Mitigation Plan Update • City of Lake Forest Local Hazard Mitigation Plan Update • City of Montebello Local Hazard Mitigation Plan Update JGA’s staff includes senior California municipal professionals with extensive experience in planning, community outreach, and facilitation. They contribute their extensive knowledge to a range of projects.

PAGE 4
What sets JGA apart? Emergency Planning / Training & Exercises JGA emergency management team has been working in California’s emergency management community since the 1990s. This work has included managing emergency planning, training, exercises, and incident management. Project Manager Tony Coletta brings localized expertise developed from working as a Firefighter Paramedic in the Coachella Valley during the 1980s and serving as the Emergency Manager for the County of Riverside during the 1990s and 2000s. His extensive experience and understanding of the hazards, risk, and emergency management needs of the Coachella Valley and the City of Cathedral City will serve this project and the City’s unique needs well.

JGA has performed the following recent work relevant to the Cathedral City’s desired Scope of Work and this project:

Emergency Planning
• City of Rialto Emergency Operations Plan Update (2024) • City of Lake Forest Emergency Operations Plan Update (2022) • City of Laguna Woods Emergency Operations Plan Update (2022) • City of Big Bear Lake Emergency Operations Plan Update (2024) • City of Corona Emergency Operations Plan Annexes (2023) • City of Indio Continuity of Operations Plan (2024)
• City of Lake Forest Continuity of Operations Plan (2023) • City of Rialto Continuity of Operations Plan (2023)
• City of Corona Continuity of Operations Plan (2021)
• City of Redlands Disaster Recovery Plan (2024)
• City of Lake Forest Disaster Recovery Plan (2024)
• City of Rialto Disaster Recovery Plan (2023)
• City of San Juan Capistrano Disaster Recovery Plan (2023) • City of Corona Disaster Recovery Plan (2023)
Emergency Training & Exercise
• City of San Juan Capistrano EOC Training & Exercises (2022-Present) • City of Lake Forest EOC Training & Exercises (2022-Present) • City of Oxnard EOC Training & Exercises (2023)
• City of Stockton EOC Training & Exercises (2022)
• City of San Clemente EOC Training & Exercises (2022)
• City of Corona EOC Training & Exercises (2021)
PAGE 5

JACOB GREEN, MPA
President & CEO
Jacob has an extensive background in public safety and has overseen emergency management programs for over 18 years in his capacity as both Emergency Manager and the department head responsible for emergency management in various agencies including the cities of Santa Ana, Fountain Valley, Ontario and San Juan Capistrano. He specializes in seminar training and leadership coaching for municipal management staff involved with the planning and provision of emergency services.

Jacob’s key emergency management accomplishments include the creation of a new Bureau of Emergency Management for the City of Ontario, design and construction of Ontario’s new $7 million Emergency Operations Center, and citywide disaster training/exercises, emergency operations plan writing, hazard mitigation plan writing, management of the emergency operations center during disaster activations, and community engagement and public education activities for multiple cities. Jacob also has served as the Ontario Fire Department’s lead Public Information Officer and Grant Manager.

JGA LEADERSHIP TEAM

DAVE BROWN
Director of Client Success
Chief Dave Brown, (ret.) is passionate about helping public sector executives and organizations succeed in a dynamic and challenging environment, especially when facing leadership, political, or personnel challenges. Chief Brown has held command positions in every division of law enforcement including many years as a Chief of Police. He has also served as Director of Public Safety, Assistant City Manager, and several stints as Interim City Manager. In 2017, Chief Brown was recruited by the City of Menifee, California, to spearhead the creation of the Menifee Police Department. Over the next three years, Brown created and implemented a robust, data-driven strategy, successfully launching the new Menifee Police Department on July 1, 2020. More recently, Dave served as the Executive Director of the Riverside Sheriffs’ Association (RSA), one of the largest law enforcement labor organizations in the country.

PAGE 6

NICOLE BEACH
Director of Strategic Initiatives
Nicole Beach is a project management and strategy delivery leader who specializes in assisting organizations in realizing value by aligning strategy with execution. Nicole collaborates closely with our clients to develop work plans that ensure their success in executing strategic goals and provides project management oversight across all projects. Before joining JGA, Nicole amassed a wealth of experience leading complex technology, organizational, and strategic projects, including M&A integrations, ERP implementations, and process improvement initiatives.

Most recently, she oversaw Project Management Offices and Strategic Portfolio Management for SAFEbuilt, Citrix, and Sport Clips. Nicole holds certifications as a Project Management Professional (PMP) and Lean Six Sigma Green Belt. She also earned an MBA with a concentration in Process Improvement from Nova Southeastern University.

KEY PERSONNEL

PATRICK MARCHMAN, AICP, SCR
Project Manager // Hazard Mitigation, Climate and Resilience Advisor Patrick Marchman has 20 years of experience as a planner with experience in multiple components of comprehensive planning, including zoning, transportation, resilience and sustainability, environmental and economic development. His work initially focused on developing and managing the NEPA process for multi-billion-dollar infrastructure projects. Patrick then moved into hazard mitigation and disaster risk reduction planning while working with the U.S. Federal Emergency Management Agency, writing and reviewing over a dozen hazard mitigation plans. After a four-year stint managing the environment and real estate programs and working closely with Metropolitan Planning Organizations supporting local and regional transportation planning, for the U.S. Federal Highway Administration’s Michigan Division, he shifted to the private sector, supporting climate adaptation and sustainability strategy for a wide range of public and private sector clients. Since 2011, Patrick has been a member of the American Institute of Certified Planners, and has delivered presentations at national planning conferences as well as many planning-related publications. He also holds a certification in Sustainability and Climate Risk from the Global Association of Risk Professionals. Patrick has served in leadership roles in several professional organizations as well as on his City’s Zoning Board of Appeals, and has a commitment to leading the development of new practice areas within the planning profession.

PAGE 7
TONY E. COLETTA JR., MPA, CEM, MPM
Project Manager // Emergency Management
Tony’s focus is on assisting clients solve local challenges through innovative, cooperative, and sustainable public safety solutions. As a proven leader, he excels in problem-solving, alliance building, and organizational communication, and delivering results-driven solutions for today’s municipal challenges. Tony has built highly effective emergency management teams, led multi-million-dollar regional homeland security programs, coordinated statewide public safety initiatives, authored best practice emergency plans, and leveraged federal agencies and funding to solve local homeland security and emergency management challenges. Tony Coletta brings 35 years of public safety experience, with 25 years dedicated to emergency management and homeland security administration. His expertise spans emergency planning, training and exercises, hazard and risk mitigation, organizational assessments, and strategic planning. Tony's extensive background includes state, federal, and international disaster deployments. He has made notable achievements in instructing and course design, emergency operations center design, recruitment, succession planning, and grant and performance management. Tony is an internationally Certified Emergency Manager and holds degrees in Emergency Medical Services Administration, Police Service Administration, Fire Service Administration, and Public Administration.

PAGE 8

WILLIAM SIMMONS
Hazard Mitigation Specialist
William Simmons is a Project Manager at Jacob Green and Associates, where he leads and supports the creation of comprehensive emergency management documentation, including Local Hazard Mitigation Plans, Emergency Operations Plans, and Risk Assessments. He facilitates innovative emergency management and leadership development programs, training sessions, and exercises. Prior to joining JGA, William served for 10 years in the United States Air Force as a Supervisor, Instructor, Exercise Director, and Team Leader. He was a key contributor in planning, coordinating, and executing real-world and simulated crisis environments as a Command-and-Control Operator. One of William's most notable projects was his work on the implementation of a country- wide evacuation plan for civilian family members during the escalation of the North Korean threat in 2017. The plan was successfully showcased in an exercise, during which 1,700 residents were safely processed for evacuation. William holds a Secret Clearance and possesses a Bachelor's Degree in Homeland Security and Emergency Management. He has completed over 20 courses with the FEMA Emergency Management Institute, is certified in Emergency Operations Planning and Mitigation Planning through CSTI, and is currently pursuing a Master of Science in Organizational Development at the University of Massachusetts.

TERRI RAHHAL
Senior Advisor // Urban Planning
Terri recently completed a 37-year career in the public sector, practicing a wide range of urban and regional planning and community development services in San Bernardino and Riverside Counties, as well as the cities of San Bernardino and Corona. In 2022 she retired from San Bernardino County as Land Use Services Director, where she managed building, planning, land development engineering, code enforcement and fire hazard abatement services for the unincorporated areas of this 20,000-square mile county. During her tenure with San Bernardino County, she led the development and adoption of a comprehensive Countywide Plan and 27 Community Action Guides for unincorporated communities. She also oversaw implementation of the County’s first fully digital planning and building permit system. Terri holds a bachelor’s degree in Economics and an MBA with a Finance concentration from Cal State San Bernardino. As a long-time member of the American Planning Association and the American Institute of Certified Planners, Terri considers herself primarily a planner. She is passionate about building value through community development and enabling public employees to work toward that end. She believes that training, coaching and sharing of authority are the keys to shaking off the bureaucratic stereotypes that plague the public sector.

MEGHAN MURRAY
Project Specialist
Meghan Murray has over 24 years of experience in Operations Management, Program Management, Personnel Management, Executive Communication, and Continuous Process Improvement. Meghan served in the Air Force for 22 years and has extensive background in Organizational Development. Meghan excelled in overseeing operations, professional development, and personnel programs for organizations and has directed multiple programs valued at $1B while managing risk, safety, and compliance. Meghan holds a Masters of Science degree with a specialty in Human Resource Management bringing to the team an extensive knowledge in team leadership, strategic planning, and data driven decision making. One of Meghan’s most notable projects was being a strategic team lead of the Organization of the Future that led to the building of the latest branch of the military, the United States Space Force. As a Project Specialist with JGA, Meghan supports the Organizational Development and Emergency Management Departments by coordinating projects, managing timelines, and ensuring the successful execution of department initiatives.

PAGE 9

CITY OF WEST HOLLYWOOD
Margarita Kustanovich, Emergency Management Coordinator [email protected]
323.848.6419
Local Hazard Mitigation Plan
C

ITY OF RIALTO
Brian Park, Fire Chief
[email protected]
909.820.2501
Emergency Management Support Services and Local Hazard Mitigation Plan RINCON BAND OF LUISEÑO INDIANS
C
hip Duncan, Fire Chief
[email protected]
760.297.2300 Ext. 533
Local Hazard Mitigation Plan

REFERENCES
We encourage the City of Cathedral City to contact our references to provide testimony of our capability to perform your requested services, adhere to schedules and budgets, and exceed expectations.

PAGE 10
PAGE 1 1

SCOPE OF WORK

SECTION B
PAGE 12

SCOPE OF WORK
The City of Cathedral City is committed to ensuring the safety and resilience of its community in the face of natural and human-made hazards. As part of this commitment, it is essential to regularly update and enhance its preparedness and response strategies. This proposal outlines a comprehensive plan to update the City’s LHMP, Emergency Operations Plan (EOP), and to conduct essential Emergency Operations Center (EOC) Training and Exercise activities.

Updating the LHMP and EOP will ensure that the City’s plans reflect the latest risk assessments, best practices, and regulatory requirements. These updates will enhance its ability to mitigate potential hazards, respond effectively to emergencies, and recover swiftly from disasters. Additionally, conducting EOC Training and Exercise activities will equip its emergency management personnel with the skills and knowledge necessary to manage emergency operations efficiently and effectively.

By investing in these critical updates and training activities, Cathedral City will strengthen its resilience, protect its residents, and ensure a swift and coordinated response to any emergency. This proposal seeks to secure the necessary resources and support to implement these vital initiatives.

DELIVERABLES
JGA will deliver the following at the conclusion of this project:
• Updated LHMP
• Updated EOP
• EOC Training & Exercise Series

PROJECT WORK PLANS
LOCAL

HAZARD MITIGATION PLAN
The proposed Scope of Work outlines the comprehensive approach that JGA will undertake in collaboration with City staff and community stakeholders to develop an updated LHMP for the Cathedral City. The work will align with all requirements as outline din the LHMP RFP issue by the City on August 30, 2024. The plan will adhere to all policy and regulatory requirements, including:
• The Disaster Mitigation Act of 2000
• Code of Federal Regulations Section 44 CFR 201.6
• AB 2140 (2006)
• SB 1241 (2012)
• SB 747 (2019)
• Government Code Sections 65302(g)(4) and 65302.15
The Plan will be developed according to FEMA's new hazard mitigation planning standards, effective as of April 2023, that emphasize robust community and stakeholder participation, consideration of climate change impacts, and increased attention to vulnerable populations. JGA will build on its recent experience in developing plans to these new standards and navigating the approval process, which has changed significantly from what governed the planning process before 2023. By engaging with City staff and community stakeholders, JGA will follow FEMA's process from the organization of resources to plan adoption and implementation. Through a collaborative and systematic approach, the updated LHMP will enhance the City's ability to mitigate hazards and promote a safer and more secure community.

PROJECT ACTIVITIES
Task A: Project Management
Our project work plan will include the following:
• Initial Kickoff Meeting: Within two weeks of contract execution, JGA will meet with Cathedral City staff to align on project expectations, clarify roles and responsibilities, and finalize the scope of work.
• Task Breakdown: The project work plan will break down each task, including stakeholder engagement, hazard identification, risk assessments, and development of mitigation strategies. Each task will have specific deliverables and deadlines.
• Timeline:

We will provide a detailed timeline outlining all major project milestones from the project kickoff to final plan submission to FEMA/Cal OES. The timeline will also include key stakeholder meetings, public outreach events, and review periods.

The work plan will be a living document that can be adjusted as necessary, ensuring flexibility while maintaining a clear path toward project completion.

Conduct Regular Project Status Meetings with City Staff Effective communication is a cornerstone of our project management approach. JGA will conduct regular bi-weekly progress meetings with Cathedral City staff to ensure ongoing collaboration and transparency.

These meetings will provide opportunities to:
• Review project progress against the work plan and schedule. • Discuss any challenges or adjustments required to the timeline. • Solicit feedback on draft deliverables and address any concerns. • Ensure that Cathedral City staff is kept up-to-date on the progress of the LHMP development.

Prepare and Submit Monthly Progress Reports
JGA will prepare and submit monthly progress reports that summarize all work completed in the previous month. These reports will:
• Outline the progress made on key deliverables.
• Highlight any challenges or delays encountered and propose solutions. • Provide an update on public outreach and stakeholder engagement efforts. • Include updated timelines and upcoming task
PAGE 13
TASK A: DELIVERABLES
• Detailed project work plan and timeline for LHMP update activities. • Monthly reports summarizing project progress, milestones achieved, and upcoming tasks. • City Departments: Fire, Police, Public Works, Planning, and Emergency Management. • Local Government Agencies: Riverside County agencies and neighboring city departments. • Community Organizations: Non-profits, schools, faith-based organizations, and neighborhood associations.
• Business Community: Chambers of Commerce, local businesses, and commercial property owners. • Vulnerable and Disadvantaged Populations: Special outreach to organizations that represent vulnerable groups, such as senior services, disability advocacy groups, and low-income housing organizations.

We will convene a Stakeholder Committee early in the process, ensuring that all voices are heard throughout the LHMP development. This committee will meet regularly to provide input, review progress, and offer feedback on drafts.

Facilitate Public Meetings and Workshops to Gather Input and Provide Updates on the LHMP Development Process
JGA will organize a series of public meetings and workshops to ensure broad community participation in the LHMP process. These meetings will serve to:
• Educate the public on local hazards, risks, and mitigation strategies. • Gather input on community concerns, vulnerabilities, and ideas for risk reduction. • Provide updates on the progress of the LHMP and offer opportunities for feedback.

We will ensure that these meetings are accessible to all members of the community, using a combination of in-person and virtual meetings to maximize participation. The meetings will be publicized via social media, local media outlets, city newsletters, and direct outreach to stakeholder organizations. Special consideration will be given to vulnerable populations by providing translation services, ADA-compliant facilities, and tailored outreach efforts.

Additionally, JGA will leverage online surveys and community forums to capture input from residents who may not attend public meetings but still want to engage with the process. These digital tools will allow for ongoing community engagement throughout the project.

PAGE 14
Task B: Stakeholder engagement
Identify and Engage Stakeholders, Including Local Government Agencies, Community Organizations, Businesses, and the General Public
JGA understands that comprehensive stakeholder engagement is critical to developing a Local Hazard Mitigation Plan (LHMP) that reflects the needs and priorities of Cathedral City’s community. Our approach will begin with identifying and involving a diverse set of stakeholders, including:

Document Stakeholder Input and Incorporate Feedback into the LHMP Update Stakeholder input is integral to creating a responsive and actionable LHMP. JGA will:
• Document all feedback from public meetings, workshops, and surveys, ensuring that every comment is considered and addressed.
• Incorporate feedback directly into the LHMP update, ensuring that the plan reflects the priorities and insights of the community. We will create a transparent process where key contributions and revisions made based on feedback are clearly identified.

JGA will provide a Stakeholder Engagement Report as part of the final LHMP submission. This report will outline all engagement activities, summarize input, and demonstrate how stakeholder feedback shaped the final LHMP.

By ensuring active and meaningful participation from all sectors of the community, we will develop an LHMP that is inclusive, comprehensive, and reflective of Cathedral City’s unique risks and needs.

TASK B: DELIVERABLES
• Agendas, presentations, meeting minutes, and documentation of stakeholder feedback from public meetings and workshops.

PAGE 15
TASK C: Hazard Identification and Risk Assessment
Review and Update the List of Natural and Human-Made Hazards That Could Impact the City of Cathedral City
JGA will begin the hazard identification process by reviewing the existing LHMP for Cathedral City as well as any relevant regional hazard mitigation plans. We will:
• Examine the current list of hazards, including both natural (e.g., earthquakes, wildfires, floods) and human-made hazards (e.g., hazardous materials spills, power outages). • Consult with local agencies and stakeholders to identify any newly emerging risks or underrepresented hazards that may have increased in severity or frequency due to climate change, urban development, or other factors.
• Reference FEMA’s National Risk Index, as well as updated guidance from Cal OES and other relevant bodies, to ensure that all significant hazards are considered.

JGA will ensure that the list of hazards is fully updated to reflect the most current data, scientific

findings, and trends specific to Cathedral City, accounting for geographic, demographic, and environmental factors unique to the area.

Conduct a Risk Assessment to Evaluate the Potential Impact of Identified Hazards on the Community, Infrastructure, and Critical Facilities
• Hazard Profiling: We will examine the characteristics of each identified hazard, including frequency, magnitude, historical occurrence, and potential future trends. • Community Impact Analysis: By reviewing population data and community characteristics, we will assess the exposure and vulnerability of different population groups, with a special focus on disadvantaged and vulnerable populations.
• Infrastructure and Critical Facilities Assessment: JGA will work closely with city officials to identify and evaluate critical infrastructure such as hospitals, fire stations, schools, and utility networks.

This assessment will prioritize facilities that are crucial for emergency response and community resilience.

Our approach will integrate climate change impacts and social vulnerability considerations, per FEMA requirements ensuring that the risk assessment reflects the dynamic and evolving risks faced by Cathedral City. By taking this holistic view, we will provide a comprehensive understanding of the city's vulnerabilities and inform the development of effective mitigation strategies.

Utilize Geographic Information Systems (GIS) to Map Hazard Areas and Analyze Spatial Data JGA will leverage Geographic Information Systems (GIS) technology to visually map hazard areas and conduct spatial analyses that inform the risk assessment process. GIS will be used to:
• Map hazard zones, including floodplains, seismic fault lines, wildfire-prone areas, and areas at risk for extreme heat events.
• Overlay critical infrastructure and population density data to identify areas of highest vulnerability. • Analyze spatial patterns, such as proximity of critical facilities to hazard zones, transportation routes, and evacuation corridors.

The GIS data will provide detailed, interactive maps that are easily understood by city officials, stakeholders, and the public. These maps will be included in the final LHMP document and made available for future use by Cathedral City’s planning and emergency management teams.

TASK C: DELIVERABLES
• Comprehensive report detailing hazard identification and risk assessment findings.

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TASK D: Vulnerability Analysis
Assess the Vulnerability of the City’s Population, Infrastructure, and Critical Facilities to Identify Hazards
Jacob Green & Associates (JGA) will perform a comprehensive vulnerability analysis to assess how the City of Cathedral City’s population, infrastructure, and critical facilities are affected by the identified hazards. This process will involve:
• Population Vulnerability: We will analyze demographic data, including age, income, housing conditions, and health factors, to assess which populations are most at risk. The analysis will include examining the potential impacts on high-risk groups such as seniors, children, and people with disabilities.
• Infrastructure Vulnerability: JGA will collaborate with Cathedral City’s public works and emergency management departments to evaluate key infrastructure assets, such as roads, bridges, water systems, communication networks, and utilities. This assessment will help identify vulnerabilities that could lead to cascading failures during a hazard event. • Critical Facilities Assessment: A detailed inventory of critical facilities such as hospitals, schools, fire stations, and emergency shelters will be conducted to assess their resilience to hazard events.

Special attention will be given to facilities critical to emergency response and recovery efforts.

Identify Vulnerable Populations and Develop Strategies to Address Their Specific Needs JGA will identify and prioritize vulnerable populations that may be disproportionately impacted by hazard events, including:
• Low-income communities who may lack the financial resources to recover from disasters. • Seniors and individuals with disabilities who may require additional assistance during evacuations and emergency responses.
• Non-English speaking residents and those without access to transportation or emergency services.

To address these specific needs, JGA will develop strategies that ensure these populations are not only protected during emergencies but also included in the planning and decision-making process. This will involve:
• Collaborating with local organizations that represent vulnerable groups to understand their concerns and incorporate their input into the planning process. • Developing tailored communication strategies to ensure that disaster preparedness information is accessible in multiple languages and formats.
• Providing actionable mitigation solutions, such as enhancing shelter accessibility, improving public transportation options during evacuations, and ensuring medical facilities are equipped to handle vulnerable populations during emergencies.

These strategies will be designed to build equity into the LHMP, ensuring that Cathedral City’s most vulnerable populations are safeguarded.

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Incorporate Climate Change Considerations into the Vulnerability Analysis Climate change is a growing factor in exacerbating the severity and frequency of natural hazards. Per FEMA guidance, JGA will incorporate the latest climate change data and projections into the vulnerability analysis to ensure that Cathedral City is prepared for future climate-related risks. This will include:
• Assessing the potential increase in extreme weather events such as heatwaves, wildfires, and floods, which are projected to become more frequent and intense due to climate change. • Evaluating long-term risks to infrastructure and critical facilities that may face heightened vulnerability due to rising temperatures, shifting precipitation patterns, and other climate-driven changes
TASK D: DELIVERABLES
Comprehensive report detailing vulnerability analysis findings.

TASK E: Mitigation Strategy Development
Develop and Prioritize Mitigation Actions and Strategies to Reduce the Risk and Impact of Identified Hazards
Jacob Green & Associates (JGA) will develop a comprehensive and actionable set of mitigation strategies to address the risks and vulnerabilities identified in Cathedral City’s hazard analysis. Our process includes:
• Identifying Specific Mitigation Actions: We will create mitigation actions that directly address the risks posed by both natural and human-made hazards, such as flood control measures, seismic retrofitting, wildfire risk reduction, and public education campaigns. For each hazard, we will identify both structural and non-structural actions that reduce the likelihood of hazard events or lessen their impact on the community.
• Prioritizing Actions Based on Risk and Impact: JGA will use a multi-criteria evaluation process to prioritize mitigation actions. This process will assess factors such as:
o Risk reduction potential: The degree to which the action reduces the risk or severity of a hazard.
o Cost-effectiveness: A comparison of the costs of implementing the action versus the anticipated benefits.
o Feasibility: The technical, administrative, and legal ability to implement the action. o Timeline for implementation: Whether the action can be completed in the short-term or requires long-term planning.
o Climate adaptation considerations: How the action contributes to climate resilience, especially as hazards increase in frequency and severity.

Each proposed action will be ranked according to these criteria to ensure that the most effective and feasible actions are prioritized in Cathedral City’s Local Hazard Mitigation Plan (LHMP).

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Collaborate with City Staff and Stakeholders to Ensure Proposed Mitigation Actions Are Feasible and Align with Local Priorities
JGA recognizes that collaboration with City staff, stakeholders, and community members is key to developing successful mitigation strategies. We will:
• Engage City staff: Throughout the mitigation strategy development process, we will collaborate closely with city departments—including Public Works, Planning, and Emergency Management—to ensure the proposed actions align with the City’s existing capabilities, resources, and local plans.
• Incorporate Stakeholder Input: During the planning process, we will hold workshops and meetings with key stakeholders, including local businesses, community organizations, and regional agencies, to gather input on proposed mitigation actions. This engagement will ensure that the strategies developed reflect local priorities, address the concerns of vulnerable populations, and enhance the city’s overall resilience.
• Coordinate with Regional and State Efforts: JGA will ensure that Cathedral City’s mitigation strategies are aligned with regional plans and state initiatives, including those from Riverside County and Cal OES. This will streamline efforts, reduce redundancy, and increase the potential for funding and support from higher levels of government.

The mitigation actions will also be designed to integrate seamlessly with Cathedral City’s other planning efforts, such as its General Plan and Emergency Operations Plan (EOP), ensuring a cohesive approach to risk management.

Prepare Cost Estimates and Potential Funding Sources for Each Mitigation Action For each prioritized mitigation action, JGA will provide a detailed cost estimate that includes labor, materials, and any other associated expenses. We will also identify potential funding sources, such as:
• FEMA Hazard Mitigation Assistance (HMA) Grants, including the Building Resilient Infrastructure and Communities (BRIC) program.
• Cal OES funding opportunities, including state-level resilience and emergency preparedness grants. • Community Development Block Grants (CDBG) for projects that benefit low- and moderate-income residents or vulnerable populations.

We will include detailed cost estimates in our Mitigation Strategies Report to the City; however, we will not include them in the final LHMP, opting instead to include more general indications of cost so as not to run afoul of potential CEQA compliance issues such as what happened to Los Angeles County’s most recent LHMP update when the update included excessively-detailed cost estimates.

TASK E: DELIVERABLES
• Report outlining proposed mitigation actions, including prioritization, cost estimates, and potential funding sources.

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TASK F: Prepare Draft LHMP and EOP, Revisions, and Compliance Prepare a Draft LHMP for Review by City Staff and Stakeholders Jacob Green & Associates (JGA) will develop a comprehensive draft Local Hazard Mitigation Plan (LHMP) based on the results of the hazard identification, risk assessment, and vulnerability analysis. The draft will be structured in a clear, accessible format, covering all key elements required by FEMA and Cal OES, including:
• A detailed risk analysis of hazards identified as critical to Cathedral City. • Mitigation strategies developed to reduce risk to life, property, and critical infrastructure. • An implementation plan with specific action items and a timeline for execution.

This draft will be circulated to City staff and key stakeholders for initial review and feedback.

Stakeholders will include representatives from city departments, local businesses, community organizations, and vulnerable population groups. JGA will ensure that all stakeholders have adequate time to review the draft and provide input. In addition to formal review periods, we will conduct workshops or feedback sessions to discuss the draft with stakeholders and ensure their perspectives are integrated into the plan.

Revise the Draft LHMP Based on Feedback and Prepare the Final LHMP Document After receiving feedback from City staff, stakeholders, and the community, JGA will revise the draft LHMP to address all comments and suggestions. Our revision process will:
• Incorporate stakeholder feedback on mitigation strategies, ensuring that the final plan reflects local priorities.
• Address technical feedback from City staff, ensuring that the LHMP is both practical and aligned with existing city plans, policies, and regulations.
• Document all revisions in a transparent manner, summarizing how key feedback was integrated and ensuring that any concerns are addressed before finalizing the document.

The final LHMP will be submitted to the City for final approval before being sent to Cal OES and FEMA for review.

Ensure the LHMP Complies with the Requirements of the Federal Emergency Management Agency

(FEMA) and the California Office of Emergency Services (Cal OES) JGA has extensive experience ensuring that Local Hazard Mitigation Plans meet FEMA and Cal OES requirements. We will:

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JGA has extensive experience ensuring that Local Hazard Mitigation Plans meet FEMA and Cal OES requirements. We will:
• Align the LHMP with FEMA’s latest guidance under the Disaster Mitigation Act of 2000 and 44 CFR Part 201.6, including new requirements related to climate change, equity, and vulnerable populations.
• Ensure compliance with California state requirements, such as AB 2140, SB 1241, and other applicable legislation governing hazard mitigation and land use planning. • Conduct internal reviews of the LHMP using FEMA’s Hazard Mitigation Plan Review Tool and California’s Plan Submittal Checklist to ensure the document meets all regulatory standards.

JGA will coordinate directly with FEMA Region IX and Cal OES to ensure that all required elements are in place before submission. We will also manage any post-submission revisions based on feedback from FEMA and Cal OES, facilitating the approval process.

TASK F: DELIVERABLES
• Draft LHMP for review by City staff and stakeholders. • Draft EOP for review by City staff and stakeholders.
• Final LHMP incorporating feedback and complying with FEMA and Cal OES requirements.

TASK H: Review and Approval Process
Submit the Final LHMP to FEMA and Cal OES for Review and Approval Jacob Green & Associates (JGA) will manage the submission of the final Local Hazard Mitigation Plan (LHMP) to both the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA). Our team is well-versed in the technical and procedural requirements set by both agencies, and we will ensure that Cathedral City’s LHMP complies fully with all submission guidelines.

The final LHMP will be submitted to Cal OES first for initial review. Upon Cal OES approval, the plan will be forwarded to FEMA Region IX for final review and approval. JGA will coordinate closely with the City to ensure all documentation is complete, including:
• Required forms and documentation such as FEMA’s Plan Review Tool. • Necessary appendices, maps, and supporting data used in the LHMP development. • A record of public involvement, stakeholder input, and responses to comments throughout the plan’s creation.

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Task G: Prepare a Draft Emergency Operation Plan (EOP) for the City for Review by City Staff and Stakeholders (see pages 21 -34)
Provide Support During the Review Process, Including Addressing Comments and Making Necessary Revisions
The LHMP review process consists of:
• Submittal to CalOES for initial review and approval. The first review must be completed within 45 days of submittal. Typically, there is at least one round of required revisions from CalOES that the City must respond to. JGA will address any revisions required and as well as coordinate discussions with CalOES review staff.
• After CalOES approval is granted, CalOES forwards the plan to FEMA Region IX for final review and approval. This, also, must take place within 45 days of submittal by CalOES. If FEMA requires additional revisions, JGA will address these as well as coordinate discussions with FEMA review staff.

As CalOES and FEMA review timelines for plans submitted under the new 2023 Hazard Mitigation Planning guidance are out of the control of both JGA and the City, it is not currently possible to commit to obtaining final approval by a specific date; however, JGA will provide full support during the FEMA and Cal OES review processes. This includes:
• Ongoing Communication: JGA will serve as the primary point of contact with both Cal OES and FEMA, ensuring that any clarifications or additional documentation requests are responded to promptly. We will keep the City informed of progress and address any potential delays in the review process.
• Addressing Reviewer Comments: Based on our experience with FEMA’s hazard mitigation review procedures, we anticipate that some revisions may be required. JGA will carefully review all feedback from Cal OES and FEMA, make the necessary updates, and re-submit the plan for review.

We will work directly with the agencies to ensure that all comments and required changes are resolved as quickly as possible.
• Technical Support: We will provide any necessary technical support to address complex comments, including adjustments to risk assessments, mitigation strategies, or mapping components. Our team’s familiarity with FEMA’s standards will ensure that revisions are completed accurately and efficiently.

Obtain Final Approval from FEMA and Cal OES
JGA is committed to working with Cathedral City until the final approval of the LHMP is secured from both Cal OES and FEMA. This includes:
• Managing the approval timeline: We will track and manage the submission and review timelines closely, ensuring that deadlines are met and progress is monitored at each stage. • Final Revisions: Should any final revisions be required by FEMA, JGA will respond swiftly to ensure that the LHMP meets all criteria for approval. We are experienced in addressing any post-review issues and will guide the City through this process.

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• Approval Notification: Once final approval is received, we will provide the City with the official notification from FEMA and Cal OES, confirming that Cathedral City’s LHMP is fully compliant and approved. This approval will make the City eligible for hazard mitigation funding and grants through FEMA’s Hazard Mitigation Assistance (HMA) programs.

JGA will ensure a smooth and timely review and approval process, leveraging our expertise with FEMA and Cal OES to address any challenges and secure approval as efficiently as possible.

TASK H: DELIVERABLES
• Documentation and support provided during the FEMA and Cal OES review process. • Provide staff training for EOC activation.
• Conduct a simulated EOC activation scenario to address areas of concern as outlined in LHMP and EOP.

TASK I: Implementation and Maintenance
Develop an Implementation Plan for the Approved LHMP, Including Timelines, Responsible Parties, and Funding Sources
JGA will develop a comprehensive implementation plan for the approved Local Hazard Mitigation Plan (LHMP), designed to turn the mitigation strategies into actionable projects. The plan will include:
• Clear Timelines: Each mitigation action will be assigned a specific timeframe for completion, with short-term (0–2 years), medium-term (2–5 years), and long-term (5+ years) actions prioritized according to their urgency and feasibility.
• Assignment of Responsible Parties: We will identify the city departments and relevant external partners responsible for implementing each mitigation action. This may include city divisions such as Public Works, Planning, Emergency Management, as well as local utility companies, school districts, and regional agencies. Responsibilities will be clearly defined to ensure accountability and smooth coordination.
• Funding Sources: For each mitigation action, JGA will identify potential funding sources, including federal and state grant programs. This will include:
o FEMA’s Hazard Mitigation Assistance (HMA) programs, such as Building Resilient Infrastructure and Communities (BRIC) and the Flood Mitigation Assistance (FMA) program. o Community Development Block Grants (CDBG) for resilience projects benefiting vulnerable populations.
o Cal OES funding opportunities and regional resilience grants.

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Create a Maintenance Strategy to Ensure the LHMP Remains Current and Effective, Including Regular Updates and Reviews
To ensure that the LHMP remains relevant, effective, and compliant with FEMA and Cal OES requirements, JGA will develop a robust maintenance strategy that includes:
• Regular Monitoring and Reporting: JGA will recommend that Cathedral City designate a city official or department responsible for overseeing the ongoing implementation and monitoring of the LHMP. We will propose an annual review process to assess progress on mitigation actions, update stakeholders, and adjust priorities as needed.
• Performance Metrics and Reporting: JGA will develop performance indicators to measure the effectiveness of each mitigation action. These indicators will include metrics like hazard exposure reduction, cost savings from avoided damages, and progress toward climate resilience goals.

Regular reports will be prepared to track these metrics and ensure accountability. • Periodic Updates: As required by FEMA, the LHMP must be reviewed and updated every five years.

JGA will outline a process for these periodic updates, ensuring that:
o New hazard data and risk assessments are incorporated. o Any changes in community vulnerabilities or infrastructure are reflected. o New mitigation actions and emerging funding opportunities are considered. JGA will also provide guidance on interim updates that may be necessary in response to significant events, such as major hazard occurrences or new federal or state regulations. • Stakeholder Engagement: During each update cycle, we will recommend that the City engage stakeholders and the public to provide feedback on the progress of the LHMP and contribute new insights. This ongoing engagement will ensure that the LHMP reflects the evolving priorities and needs of Cathedral City.

TASK I: DELIVERABLES
• Plan to outline the implementation and maintenance strategy for the approved LHMP.

EMERGENCY OPERATIONS PLAN

PROJECT OVERVIEW
The Cathedral City Emergency Operations Plan will be created as a tool and actionable resource which will enable staff and stakeholders the capability to execute essential emergency operations following a critical incident or disaster.

The plan, and that of any annexes, will be developed in accordance with FEMA’S Comprehensive Preparedness Guide (CPG 101v3) -Developing and Maintaining Emergency Operations Plans and will meet the requirements, expectations, and standards of the Federal Emergency Management Agency (FEMA), and the California Governor’s Office of Emergency Services (Cal OES). The updated EOP will further be developed consistent with the construct of the California Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the National Response Framework (NRF).

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PAGE 25
Plan Administration
(not all-inclusive)
• Promulgation Statement • Plan Distribution
• Concurrences
• Plan Activation
• Foreword
• Preface
• Record of Changes
Base Plan

1. Purpose and Scope

2. Situation and Assumptions

3. Concept of Operations

4. Organization and
Assignment of Responsibilities

5. Direction and Control

6. Continuity of Government

7. Administration and Logistics

8. Plan Development and Maintenance

9. Authorities and References

10. Glossary of Abbreviations and Terms
To the degree it is applicable, the plan will be informed by the Cathedral City Hazard Mitigation Plan, Riverside County Emergency Operations Plan, and the California Emergency Plan.

The final
plan outline will follow the State of California's best practice structure and organization while ensuring it is tailored to and meets the unique needs of Cathedral City. JGA will update the EOP using a regional, integrated framework that is consistent with the latest California Emergency Plan, coordinated with the Riverside County Emergency Operations Plan while reflecting the unique operating environment and resources of Cathedral City. The emergency plan will include the concept of operations, roles, responsibilities, and specific emergency functions. Specific functions within the plan will include critical tasks, checklists, references, and other resources necessary for personnel to fulfill their duties and deliver effective execution of the plan by persons who may not have emergency management as their primary daily role.

JGA will ensure
the updated EOP’s efficacy and alignment with other key Cathedral City plans and its vertical and horizontal integration with other response and mitigation plans should meet national and state guidance and standards of an organizational integrated EOP plan.

PLAN APPROVALS
Local Emergency Operations Plans do not have a state or federal approval requirement and as such approval and adoption will be coordinated only with Cathedral City.

PROJECT DELIVERABLES
JGA will deliver an Updated Part 1 EOP (Base Plan) and Part 1 EOP (Emergency Operations Center) Position Checklists.

TASK
NUMBER
PHASE/

TASK DURATION PCT OF

PROJECT NOTES
1 PHASE: Project Scoping and Development 21 days 5%

1.1 Identify the Project Management Team

1.2 Conduct Project Kick-off Meeting (Project
Team)

1.3 Develop Project Schedule

1.4 Identify the Planning Team / SME Team

1.5 Conduct Project Kick-off Workshop
(Planning Team)
2 PHASE: Data Collection and Analysis 30 days 5%

2.1 Assess City Organization and Community
Capabilities

2.2 Assess City Municipal Code - Emergency
Mgmt. Chapter

2.3 Review Existing Preparedness & Hazard
Mitigation Plans

2.4 Develop Situation Overview

2.5 Develop Hazards Summary
3 PHASE: Develop Concepts of Operations 45 days 25%

3.1 Develop Emergency Organization and
Structure

3.2 Develop Activation Authority and Criteria

3.3 Develop Emergency Function Responsibility
Matrix

3.4 Identify Primary and Alternate EOC

3.5 Identify COOP and COG Policies

3.6 Develop AB2311, AB477, and SB 160 Content

3.7 Develop Training & Exercise Content

3.8 Identify Plan Maintenance Schedule &
Process
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4 PHASE: Plan Development-Part 1 Base
Plan 90 days 50%

4.1 Craft Pre-Decisional Draft #1

4.2 Draft #1 Content Editing & Proofreading

4.3 Draft #1 Formatting & Pagination

4.4 Draft #1 Send to Client for Review &
Comments
21-day
review
period

4.5 Draft #1 Review & Comments Received from
Client

4.6 Draft #1 Edits & Changes per Client

4.7 Craft Final Deliverable

4.8 Final Deliverable Quality Check

4.9 Final Deliverable Send to Client
5 PHASE: Plan Development-Part 2 EOC
Checklists 30 days 10%

5.1 Craft EOP Part 2 EOC Position Checklists

5.2 Content Editing & Proofreading

5.3 Formatting & Pagination

5.4 Final Deliverable Quality Check

5.5 Final Deliverable Send to Client
6 PHASE: Plan Processing and Approvals 15 days 5%
6 PHASE: Plan Processing and Approvals 15 days 5%

6.1 Deliverable Acceptance by City

6.2 Adoption by City (if required)
Note (1): Draft planning documents are provided in a PDF format for review and comment.

TRAINING & EXERCISE

PROJECT OVERVIEW
Training is a crucial component of
an effective emergency management pr ogram. JGA recognizes its significance and is committed to providing annual emergency management training and exercises to the City of Cathedral City. The primary objectives of these training sessions are:

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1. Activation of the Emergency Operations Plan: The training will ensure that staff members are well-versed in the activation procedures of the jurisdiction's Emergency Operations Plan. This will enable them to effectively initiate the plan during emergencies, ensuring a swift and coordinated response.

2. Understanding Roles and Responsibilities: Participants will gain a comprehensive understanding of their specific disaster roles and responsibilities within the emergency management structure.

This will enable them to execute their tasks competently and confidently, contributing to an efficient and well-coordinated response effort.

3. EOC Operations: The training will focus on enhancing the participants' knowledge and skills in operating within the EOC. This includes familiarizing them with the EOC's functions, communication protocols, decision-making processes, and coordination mechanisms. By building their EOC competency, the participants will be better prepared to support effective emergency response and management.

By providing comprehensive training and conducting exercises, JGA aims to enhance Cathedral City’s emergency management readiness, ensuring that personnel are well-prepared, competent, and confident in executing their roles and responsibilities during emergencies. The training and exercises
will contribute to a more resilient and effective response system within the City.

PROJECT ACTIVITIES
JGA will deliver the following table of Training & Exercise Activities on-site at Cathedral City.

Course / Activity Scope Time Frame
ACTIVITY #1: EMERGENCY MANAGEMENT TRAINING & EXERCISES
A Course: Disaster
Response for Senior
Officials
Time: 2 sessions @ 1.5 hours
each
Audience: Senior Leadership
Staff
TBD
(based on City Schedule)
• Delivered 2 times over one
year.

Description:

This training course will provide City leadership officials, such as the executive leadership team and department heads, with the basic fundamentals of the city’s emergency management systems and infrastructure.

Topics include:
• The purpose and scope of ICS/SEMS/NIMS
• Basic elements of ICS/SEMS/NIMS
• The functions and basic concepts of ICS/SEMS/NIMS
• Maintaining training proficiency in ICS/SEMS/NIMS
• Overview and activation of the Emergency Operations Plan (EOP) • Overview and activation of the Emergency Operations Center (EOC) • Senior Official’s role in preparedness, response, and recovery Note: The Disaster Response for Senior Officials course is designed for those who will not be attending other emergency management training courses in this series.

B Course: Emergency
Operations Plan (EOP)
Orientation
Time: 2 sessions @ 1.5 hours
each
Audience: Senior Staff, EOC
Responders
TBD
(based on City Schedule)
• Delivered 2 times over one
year.

Description:

This training course will provide EOC Responders and other city leadership team staff with a foundational understanding of the City’s Emergency Operations Plan (EOP).

Topics will include:
• Application and activation of the EOP
• Authorities and responsibilities of the City
• Roles and responsibilities of City Departments and other organizations • City’s emergency organization structure
• Preemptive emergency actions
• Concept of emergency response and management
• Integration with county, state, and federal authorities • Role of the City’s Emergency Operations Center (EOC)
C Course: EOC
Management &
Operations
Time: 2 sessions @ 4.0 hours
each
Audience: EOC Responders
TBD
(based on City Schedule)
• Delivered 2 times over one
year.

Description:

This training course will provide EOC Responders with the concepts involved in activating, managing, and operating the City’s Emergency Operations Center (EOC).

Topics will include:
• Purpose and overview of the EOC
• Activation policy and criteria for the EOC
• EOC Activation levels
• EOC Priorities & Actions
• Roles and responsibilities of the EOC
• EOC assignments and Roles for City Departments and other organizations • City’s EOC organization structure
• The Planning Cycle of the EOC
• The Operational Cycle of the EOC
• Developing an EOC Action Plan
• Deactivating and demobilizing the EOC
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D Course: EOC Section
Specific Training
Time: 2 sessions @ 4.0 hours
each
Audience: EOC Responders
TBD
(based on City Schedule)
• Delivered 2 times over one
year.

Description:

This training course will provide EOC Responders with an understanding of the staffing of the EOC Organization and the specific roles and responsibilities of each of the four EOC Sections and each respective EOC Position.
• Jurisdictional EOC organizational structure
• Department and other organizations assignments within the EOC organization • Organizational structure of the EOC
• Staffing the EOC organization
• Section coordination and interaction
• Section roles and responsibilities
• Section specific considerations
• Position roles and responsibilities
• Section and position tools & resources
E Exercise: EOC Tabletop
Exercise
Time: 2 sessions @ 2.0 hours
each
Audience: EOC Responders
Type: Discussion-based
TBD
(based on City Schedule)
Description:

Utilizing the City of Cathedral City’s Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP), a tabletop exercise (TTX) will be designed and executed. This discussion- based exercise will be conducted as a group (EOC Response Team) activity to discuss and solve notional response issues based on a probable natural, technological, or human-caused emergency scenario.

The focus will be on creating a low -stress, inclusive, discussion -based learning environment providing staff with a practical understanding of the EOP and EOC activation and application.

Lessons learned from the TTX will be used to inform the EOC functional exercise.

Exercises are designed to validate emergency planning; test tools, technology, and procedures; and reinforce staff and team training. Exercise outcomes should inform future emergency planning, improvements in systems and tools, and subsequent emergency training and exercises. • Delivered 2 times over one
year.

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F Exercise: EOC
Functional Exercise
Time: 1 session @ 4.0 hours
each
Audience: EOC Responders
Type: Operations-based
TBD
(based on City Schedule)
Delivered 1 time over one year.

Description:

Incorporating lessons learned from the TTX, an EOC Functional Exercise (FE) will be designed and executed to further validate and condition the City’s EOP, EOC, and EOC Response Team. The FE may use the same general emergency event scenario but will include variations to provide problem-solving challenges for participants.

This operations-based exercise will provide an opportunity for participants to utilize available technology, tools, resources, and the EOC facility to solve incident challenges and apply best practice response approaches in real time. This exercise is hand s-on focused while the table-top exercise was discussion-based.

A debriefing will be held to solicit participant feedback.

PROJECT TIME
1 Hazard Mitigation Plan Update 35 weeks
2 Emergency Operations Plan Update 32 Weeks
3 Emergency Operations Training & Exercise TBD
Note (1): The cost for training and exercises is computed for activities that will be provided in a bundled format, with the condition that no more than two on-site visits are required.

PROJECT SCHEDULES
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LHMP TIMELINE
Task/Milestones Cost
Task A: Project Management 2 weeks/ongoing
Task B: Stakeholder Engagement
5 weeksTask C: Hazard Identification and Risk Assessment Task D: Vulnerability Analysis 6 weeks
Task E: Mitigation Strategy Development 6 weeks
Task F: Prepare Draft LHMP and EOP, Revisions, and Compliance 5 weeks Task G: EOC separate timeline
Task H: Review and Approval Process 5 weeks*
Task I: Implementation and Maintenance 5 weeks
Duration: 35 weeks
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ongoing
*Review time from Cal OES and FEMA will vary

CITY OF CATHEDRAL CITY
RFP for Local Hazard Mitigation Plan Update Services
Proposal Score Sheet
10/3/2024
1 2 3 1 2 3 1 2 3 1 2 3
Technical Score (max = 70 points):

Firm's experience with LHMPs 0 - 10 5.0 4.0 3.0 7.5 7.0 5.0 8.0 9.0 9.0 6.0 9.0 9.0 Firm's size, structure and resources0 - 10 6.0 10.0 3.0 6.0 8.0 7.0 6.0 10.0 8.0 5.0 10.0 7.0 Qualifications of firm 0 - 10 6.0 4.0 3.0 8.0 4.0 6.0 8.0 10.0 9.0 6.0 10.0 8.0 Qualifications of firm - team members0 - 10 6.0 4.0 6.0 8.0 7.0 7.0 9.0 10.0 9.0 6.0 7.0 9.0 Adequacy of proposed staffing plan0 - 10 6.0 5.0 3.0 6.0 7.0 7.0 7.0 10.0 8.0 6.0 10.0 8.0 Throughness of proposal for new LHMP0 - 10 6.0 5.0 3.0 7.0 8.0 7.0 8.0 10.0 9.0 6.0 8.0 8.0 Commitment to timeliness 0 - 10 6.0 6.0 3.0 5.0 4.0 3.0 8.0 9.0 9.0 5.0 8.0 8.0 Total 0 - 70 41.0 38.0 24.0 47.5 45.0 42.0 54.0 68.0 61.0 40.0 62.0 57.0 Combined Total
Score: Tech. CostTotal
Interwest Consulting 103.0 24.0127.0 42%
Kahlen Group 134.5 66.0200.5 67%
Jacob Green & Associates 183.0 90.0273.0 91%
Dynamic Planning + Science (DP+S)159.0 60.0219.0 73%
Total Scores
Dynamic Planning +
Science (DP+S)
159.0
Interwest Consulting Kahlen Group
103.0 134.5
Jacob Green & Associates
183.0
Staff Report
City Council
Item No. 6.E
Meeting Date: October 23, 2024
From: Kevin Biersack, Financial Services Director
Title: FY 2023/2024 Preliminary Financial Results
RECOMMENDATION:

City Council approve a fiscal year (FY) 2024/2025 General Fund budget adjustment in the amount of $395,968.88 from the previously obligated/unspent FY 2023/2024 expenditure budget.

BACKGROUND:

The purpose of this presentation is to update City Council on the status of the City’s General Fund Year End Balance as of June 30, 2024 (FY 2023/2024). The City is closing the year with a $2M+ surplus for FY 2023/2024. This brings the City’s General Fund “savings account” balance to more than $41M.

The City is ending FY 2023/2024 with a 62% Fund Balance reserve. It is worth noting that during times of extraordinary events such as Tropical Storm Hilary, it is essential the City maintain its Fund Balance at a minimum target balance of 33% of budgeted expenditures.

DISCUSSION:

The adopted budget for FY 2024/2025 was originally budgeted with a 52% Fund Balance reserve. With previously approved budgeted adjustments in FY 2023/2024 and the first quarter of FY 2024/2025, there are various one-time costs in the current fiscal year, e.g., Tropical Storm Hilary and Esperanza Park construction; and increased ongoing costs, e.g., insurance and ground emergency medical transport (GEMT). As a result, the City is currently projecting a Fund Balance reserve at 37% for the year ending June 30, 2025 (FY 2024/2025), which validates our City Council’s historical decision to prioritize achieving/maintaining a minimum 33% Fund Balance reserve (“savings account”).

In comparing the financial results for FY 2023/2024 to FY 2022/2023, the City recognized revenues totaling almost $69.3M in FY 2023/2024, representing a small decrease from the previous fiscal year when revenues totaled almost $70.7M. The primary factor in the revenue decrease is due to the decrease in revenue recognized from the American Rescue Plan Act (ARPA) COVID-19 funding. After removing/adjusting for the ARPA revenue, FY 2023/2024 revenue totaled $63,718,716 versus $62,451,952 in FY 2022/2023 resulting in a revenue increase of almost $1.3M. The following breakdown identifies the changes for the various revenue and expense categories:

Even with the improved year-end financial position over the past few fiscal years, the City must continue to manage expenditures carefully, particularly due to extraordinary fiscal impacts from Tropical Storm Hilary. During the past 14 months, the City incurred more than $3M in emergency and cleanup costs along with more than $800K in road repairs and improvements. In the upcoming year, we anticipate spending more than $3M in extraordinary costs for additional cleanup and repair. In the end, the City is currently forecasting $7M in Tropical Storm Hilary costs being claimed through Federal Emergency Management Agency (FEMA) and Cal Office of Emergency Services (CalOES). If this $7M in expenditures is approved by FEMA/CalOES, we will receive 93.75% reimbursement. We are currently

projecting those reimbursements to be received over the three-year period from FY 2025/2026 through FY 2027/2028. With this time lag in reimbursement, this reemphasizes the foresight our City Council had in establishing a Fund Balance Policy for the City’s General Fund “savings account” to have a minimum of 33% target during these times of volatility.

The table below is a snapshot for FY 2023/2024 actuals and the next two years’ projections (FY 2024/2025 and FY 2025/2026). This includes the previously approved budgeted adjustments in FY 2023/2024 and the first quarter of FY 2024/2025. It also includes the recommended $395,968.88 in previously obligated, but unspent funds that need to be rolled forward to the FY 2024/2025 expenditure budget.

At the November 13, 2024, City Council meeting, staff will present additional budget adjustment considerations for City Council review, e.g., Other Post Employment Benefit (OPEB), CalPERS, IT Master Plan, etc. City staff realizes the critical need to be fiscally conservative and plans to proactively monitor current financial activities. In addition, we plan to be prudent in our upcoming budgeting for the next biennial budget for FY 2025/2026 and 2026/2027.

FISCAL IMPACT:

City Council to approve a FY 2024/2025 General Fund budget adjustment in the amount of $395,968.88 from the previously obligated/unspent FY 2023/2024 expenditure budget.

FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

None

Cathedral City City CouncilOctober 23, 2024

Cathedral City City Council
October 23, 2024